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Thread: Can a AA ask informtion given by a PIO to be "returned"

  1. #1
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    C J Karira
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    Can a AA ask informtion given by a PIO to be "returned"


    This is a interesting case.
    I helped someone to file a RTI application.
    The PIO replied.
    The applicant went for First Appeal because of incomplete, incorrect and misleading information.
    Now he has been verbally told by the PIO, that AA says, that the information already given should be "returned " back since it was incorrect in the first place to give the information !

    I am rubbing my hands in glee, waiting for this to be given in writing by the AA alongwith the reasoned order.

    How can someone ask for "return" of information once it is already given ?



  2. Re: Can a AA ask informtion given by a PIO to be "returned"


    Hi

    This is strange. Somebody replies in writing and then orally asks for it to be returned. Either the office is trying to hide something or the officer concerned exceeded his brief and assumed responsibilities that he was not supposed to exercise. In either case, there is a serious mistake here. This matter must be pursued.

    Regards

    Avinash

  3. Re: Can a AA ask informtion given by a PIO to be "returned"


    Quote Originally Posted by karira View Post
    This is a interesting case.
    Now he has been verbally told by the PIO, that AA says, that the information already given should be "returned " back since it was incorrect in the first place to give the information !

    How can someone ask for "return" of information once it is already given ?
    First, any verbal information / order given by any Government officer, which includes the PIO / AA has to be confirmed in writing within 24 hours. So if more time has passed then its as good as the verbal orders are deemed to have been cancelled. Just ignore this verbal request.

    Second, all documents provided under the RTI Act are public documents as defined under section 74 of the Indian Evidence Act 1872. Once they reach the hands of a citizens, he cannot be asked to return them.

    The PIO has to provide you with the requested information, even if he provided you with the wrong information earlier.

    1. Ask the PIO to submit his request in writing.
    2. After he gives it to you in writing, ask him under which clause he is doing so. And just dont return the documents.
    3. Ask him to provide with you will full information.
    4. Once you get all the information etc. please inform all of us, and if possible upload the scanned image of these documents and all details on this Public Authority on this forum.

  4. #4
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    Re: Can a AA ask informtion given by a PIO to be "returned"



    Mpai,

    Thanks for the good argument.
    We are doing just as you said.
    The PIO did not say that he had given wrong information, he said that the information was given to you incorrectly....that means he feels that the information should have been denied at the application stage itself.
    But look at the logic part of it.
    Some information is given to applicant (in this case it was some information about Govt. Schools in a particular area....like number of schools, nr. of teachers, teacher/student ratio, attendance, results, etc etc..).
    Once the applicant receives and reads this letter, the information contained therein becomes part of his "memory". He can return the letter, but how can he return the "information" ? The applicants brain is not some RAM or ROM to be erased at the will of a PIO/AA !

  5. Re: Can a AA ask informtion given by a PIO to be "returned"


    Quote Originally Posted by karira View Post
    Mpai,

    Once the applicant receives and reads this letter, the information contained therein becomes part of his "memory". He can return the letter, but how can he return the "information" ? The applicants brain is not some RAM or ROM to be erased at the will of a PIO/AA !
    It would be a crime to return such letters back to the PA. There is no clause in the RTI Act which allows such return. Under the Manual of Office Procedure, the PA can issue a fresh order or notification nullifying the original communication to you, or they can send you a fresh letter clearly saying that its supercession to the earlier letter and give you the correct information.

    Dont return such communications ever to the PA. Maybe they can ask you to destroy it, it falls under the perview of state secret etc.

    Manoj



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